Tuesday, September 29, 2015

Fighting Back the October 2015 Revised Visa Bulletin - Call for action!

As you all know by now the government has revised the Visa Bulletin affecting thousands of applicants who in the hope of finding a new future prepared to file for their adjustment of status.  The truth is that many are suffering because 1) of the endless delay and 2) because of the "false hope" instigated by the original Visa Bulletin.  To this end some have taken it to the court filing a class action in D.C Court to push the government to honor it 'original October 2015 Visa Bulletin'. Some organisations including AILA is calling on the government to actually honor the previous October 2015 Visa Bulletin.

"On 9/28/15, AILA sent a letter to Secretary of State John Kerry, Secretary of Homeland Security Jeh Johnson, and Director of the Domestic Policy Council Cecilia Muñoz expressing disappointment in 9/25/15 changes to the October Visa Bulletin, and asking that the 9/9/15 Visa Bulletin be restored."

We think each and every of you who are affected by this situation should actually go forward and call their representatives including Secretary John Kerry and the others mentioned and tell them that what has happened is wrong. Playing with the lives of thousands is outrageous!

The Shah Peerally Law Group calls on our government for compassion and foresight and re-instate the original October 2015 Visa Bulletin.

Friday, September 25, 2015

Bad News - DOS revised October 2015 Visa Bulletin

Sep 25, 2015 — In an unprecedented decision, the Department of State, is revising their October 2015 Visa Bulletin. The dates are now for India application on 01 July 2009 instead of 01 July 2011 as mentioned. This is so wrong and unfair. But unfortunately those who do not meet this requirement will not be able to file.

Breaking Bad News - Visa Bulletin October 2015 is changed - San Francisco Immigration Attorney, Bay Area H1b Visa Lawyer San Jose

Breaking Bad News - Visa Bulletin October 2015 is changed - San Francisco Immigration Attorney, Bay Area H1b Visa Lawyer San Jose

DOS Publishes Updated Visa Bulletin for October 2015 On Sept. 25, the Department of State (DOS) published an updated Visa Bulletin for October 2015. This bulletin supersedes the bulletin...

Friday, September 18, 2015

Cases of F2 being denied - Do such visas depend on "luck"?

Recently we have noticed a surge in denials of  F2 visas (dependents of F1 student visas) at the US consulate.  Most of the denials are based on the INA 214(b).

What is 214(b)?

Under 214 (b),  every alien 10/ (other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), and other than a nonimmigrant described in any provision of section 101(a)(15)(H)(i) except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 101(a)(15) . An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288, note], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and su bstance as is prescribed by section 247(b) .

Based on INA 214(b), it is clear that the applicant (aka alien), has to show that they are not immigrant on applying for visas such as F1, F2, or B1/B2 visas.  While it might seem obvious to some to prove that the intent is not to immigrate, the challenge is actually to prove that the applicant has ties to his or her home country. 

Applicants should actually be ready to prove that they will return to their home country after they use the visa including the F2 visa.  As such the applicant should show things such as properties in their home country, a job awaiting for them when they come back, business owned, and so on.  There are no definite ways to prove that there is no immigrant intent. However, based on the discretionary powers of the US consulate officer, the adjudicating officer will actually determine if he or she wants to grant a visa.

The problem is usually the discretionary powers involved. In fact, it does not always follow logic. One might think that if one has all the necessary documents to prove ties to their home country they will be approved. But alas, this is not always the case.  In fact, some might obtain a non immigrant visa even without proving a lot of ties to their home country while some might be denied even they can demonstrate a lot of ties.  

As such the obtaining a F2 visa might actually depend more on your luck rather than anything. One of the options is to involve a congress person in the case but even then, it seems that "luck" is usually the controlling force in F2 visa applications.

If you need help or a consultation on immigration cases, feel free to call us at 510 7425887

Wednesday, September 16, 2015

Do I need Medical Exam before filing the I-485?

With the new visa Bulletin from October 1, 2015, many are ready to file as from October 1, 2015. One of the FAQs we are getting is whether you should file a medical exam form I-693 if you are filing under the "acceptance chart".  The truth is that although it might not be required to have the form I-693 medical exam in the new Visa Bulletin model, the USCIS might confusingly return a case without the form I-693. In the event this happens and if the case is returned after October 31 2015 and there is a retrogression on the dates, one might actually miss a chance. As such we are recommending putting the medical exam assessment in the package although you might have to do the medical exam at a later stage. The worse is that you spend some extra fees in medical exam. If you want help on your I-485 adjustment of status case or any immigration case, feel free to call us at 510 7425887. We will discuss about this issue on our next radio show on Thursday September 17, 2015.

Saturday, September 12, 2015

I-485 EAD and I-140 are not the same thing - explaining the October 2015 Visa Bulletin.

The new October 2015 Visa Bulletin is very welcoming for many.  However, it seems that due to this great news, many are now confusing the possibility the I-140 EAD as what they are seeing on the 2015 Visa Bulletin.  This article on the Shah Peerally Law Group website explains the way the new Visa Bulletin as from October 1 2015 will be working.  Our present article tries to distinguish the misunderstandings.

What will be the I-140 EAD?
First, the I-140 EAD is not law yet.  But if it becomes law, you need to understand that the I-140 EAD would be 'stand alone' EADs just like the H4 EAD. This means that they will temporary work permits just dependent on the I-140 irrespective of the company who filed the I-140.

The I-485 adjustment of status regular EAD.
On the other hand, the new visa bulletin is the regular EADs which are given once an adjustment of status is accepted. Therefore we should distinguish between the two types of EADs.

Why is it important to distinguish the two types of EADs?

The I-140 EAD would apply to anybody who have an approved I-140 (of course, once the law passes), while the I-485 EAD is limited to those still having a genuine job offer with the company which filed for the I-140.  Therefore, if for example,  company A filed and has an approved I-140, and someone moved to company B, this person should be able to file for I-140 EAD (once the law passes).  As for the I-1485 adjustment of status EAD, it is only attached to the company which provided the petition and is limited to different cut-off dates.

There is an argument, however, that if the I-140 if approved with company A and was not revoked, one can still actually file for the adjustment of status (AOS) while working for company B and ultimately file an AC 21 after 180 days of filing of the I-1485 AOS.  Note that there should still be a genuine job offer from A to be able to proceed on this although some are arguing there no need to be such an offer. We take the position that there should be a letter of continuation of employment to move forward on the AOS. Now that the Visa Bulletin is divided into two parts, we are all waiting from some clarifications if such permutations can be effected.

Until then for those who actually want to file their adjustment of status (form I-485) properly, we recommend using a good lawyer to help. You can call our law firm at (510) 742 5887. Good luck to all of you.

Wednesday, September 9, 2015

Awesome news for India EB2 - It seems the Obama Administration is on a spree of good news for immigrants!

This year has been an amazing thing for immigration through the executive power. First, the H4 EAD was passed, then the Yemen TPS, now reduction in India EB2 time. All those were petition which we were working on and we are very happy that finally the USCIS and Department of State has heard our plights.

Please read more

USCIS Announces Revised Procedures for Determining Visa Availability for Applicants Waiting to File for Adjustment of Status
USCIS, in coordination with Department of State (DOS), is revising the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status. The revised process will better align with procedures DOS uses for foreign nationals who seek to become U.S. permanent residents by applying for immigrant visas at U.S. consulates and embassies abroad.
This revised process will enhance DOS’s ability to more accurately predict overall immigrant visa demand and determine the cut-off dates for visa issuance published in the Visa Bulletin. This will help ensure that the maximum number of immigrant visas are issued annually as intended by Congress, and minimize month-to-month fluctuations in Visa Bulletin final action dates.
The Visa Bulletin revisions implement November 2014 executive actions on immigration announced by President Obama and Secretary of Homeland Security Johnson, as detailed in the White House report, Modernizing and Streamlining Our Legal Immigration System for the 21st century, issued in July 2015.

>> Read More
See New Visa Bulletin Here
Shah Peerally Law Show September 10 2015

Friday, September 4, 2015

EB2 India is retrogressed again. We need more signatures on the Petition!

https://www.change.org/p/reduce-the-waiting-time-on-india-immigration-eb2-and-eb3-categories/u/13029260This September India EB2 went to 2006. This is quite offensive based on the fact that the US economy need foreign labor to operate and be competitive on the world market. We need more signatures on this petition. Yesterday, a similar petition for Yemen TPS went through and the USCIS granted TPS. After a successful H4 EAD, Yemen TPS, we hope the petition for EB2 India time reduction will actually bear fruits. Please let us move to get 15000 signatures.
Thank you.

Tuesday, September 1, 2015

Immigration News and Updates on the Shah Peerally Law Show.

This recording live show covered topics such as H1B v/s H4 EAD, fiancee visa (k1), Visa Waiver Program, H1B transfer, H4 EAD, EAD, I-140, Perm labor certification 365 days rule, Immigration and Nationality act and other interesting immigration topics. Moreover, there was a good analysis on choosing between H1B and H4 EAD. There was also mention of issues such as the advantages of moving to H4 EAD rather than OPT or H1B.  We invite you to listen and share the recorded live show where callers have their immigration questions answered.